buttfield
stranahan
argued
january
decided
february
case
presents
determination
question
constitutionality
statute
known
tea
inspection
act
approved
march
stat
chap
comp
stat
act
copied
full
margin
january
eight
packages
tea
imported
port
new
york
per
steamer
adana
firm
plaintiff
error
general
partner
tea
entered
import
new
york
stored
bonded
warehouse
time
certain
standards
enumerated
selected
board
tea
inspectors
put
force
treasury
regulations
said
act
march
eight
packages
tea
question
embraced
class
known
green
teas
numbered
list
standards
tea
examined
february
rejected
standard
quality
term
quality
thus
used
meant
cup
quality
tea
say
taste
flavor
appeal
taken
importer
board
general
appraisers
board
march
certified
collector
said
tea
inferior
quality
standard
prescribed
law
accordingly
overruled
appeal
firm
notified
decision
march
november
following
plaintiff
acquired
interest
partner
collector
permission
withdraw
tea
consumption
payment
duties
request
refused
application
made
release
tea
bond
order
export
also
refused
ground
tea
finally
rejected
act
march
six
months
previous
application
plaintiff
error
also
notified
tea
ordered
public
stores
destruction
action
commenced
state
new
york
county
new
york
collector
port
new
york
recover
damages
alleged
wrongful
seizure
removal
destruction
tea
question
averments
made
importation
storing
tender
duties
refusal
accept
demand
tea
refusal
deliver
general
denial
filed
action
account
acts
done
defendant
revenue
laws
collector
customs
removed
application
circuit
southern
district
new
york
trial
case
circuit
judge
coxe
jury
exhibit
reproduced
margin
introduced
evidence
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packed
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refined
adulterated
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indicated
exhibit
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teas
thereon
designated
arranged
order
quality
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lowest
highest
grade
lowest
designation
perpendicular
column
represented
teas
grown
particular
district
teas
enumerated
horizontal
line
considered
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grade
chairman
board
tea
experts
treasury
department
testified
standard
country
green
teas
force
time
tea
question
imported
hyson
fine
teenkai
list
standards
fixing
standard
board
made
diligent
search
country
green
teas
lower
lower
pure
teas
new
york
market
obtainable
trade
unable
find
term
hyson
may
observed
indicated
tea
made
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leaves
plaintiff
testified
quality
tea
controversy
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exhibit
evidence
government
effect
grade
fair
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exhibit
testimony
also
tended
show
tea
question
differed
respect
cup
quality
government
standard
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government
tea
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grade
pure
tea
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quality
close
evidence
overruled
motion
direct
verdict
plaintiff
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reserved
thereupon
granting
motion
behalf
defendant
instructed
question
constitutionality
statute
defendant
collector
port
acted
directed
verdict
favor
upon
judgment
entered
verdict
returned
accordance
instruction
case
brought
directly
james
bishop
james
simpson
plaintiff
error
edward
whitney
solicitor
general
hoyt
defendant
error
statement
justice
white
justice
white
making
foregoing
statement
delivered
opinion
assignments
error
assail
act
trial
denying
motion
direction
verdict
favor
plaintiff
giving
peremptory
instruction
favor
defendant
summarized
contentions
follows
act
march
confers
authority
establish
standards
power
legislative
constitutionally
delegated
congress
administrative
officers
plaintiff
error
vested
right
engage
trader
foreign
commerce
import
teas
matter
fact
pure
wholesome
free
adulteration
fraud
deception
fit
consumption
establishment
enforcement
standards
quality
teas
operated
deprive
alleged
vested
right
constituted
deprivation
property
without
due
process
law
act
unconstitutional
provide
notice
opportunity
heard
afforded
importer
rejection
tea
tea
examiner
tea
board
general
appraisers
event
authority
conferred
statute
destroy
goods
upon
expiration
time
limit
removal
export
destruction
property
without
judicial
proceeding
condemnation
property
without
hearing
taking
thereof
without
due
process
law
whether
contentions
stated
tenable
questions
consideration
examining
statute
order
determine
constitutionality
must
guided
rule
every
intendment
favor
validity
must
presumed
constitutional
unless
repugnancy
constitution
clearly
appears
nicol
ames
ed
sup
gettysburg
electric
ed
sup
power
regulate
commerce
foreign
nations
expressly
conferred
upon
congress
enumerated
power
complete
acknowledging
limitations
prescribed
constitution
lottery
case
ed
sup
leisy
hardin
ed
inters
com
sup
whatever
difference
opinion
may
existed
exist
concerning
limitations
power
resulting
provisions
constitution
far
interstate
commerce
concerned
doubted
beginning
congress
exercised
plenary
power
respect
exclusion
merchandise
brought
foreign
countries
alone
directly
enactment
embargo
statutes
indirectly
necessary
result
provisions
contained
tariff
legislation
also
tariff
legislation
exerted
police
power
foreign
commerce
provisions
amounted
assertion
right
exclude
merchandise
discretion
illustrated
statutory
provisions
force
fifty
years
regulating
degree
strength
drugs
medicines
chemicals
entitled
admission
excluding
equal
standards
adopted
stat
chap
rev
stat
comp
stat
power
regulate
foreign
commerce
certainly
efficacious
regulate
commerce
indian
tribes
last
power
referred
gallons
whiskey
ed
exclusive
absolute
declared
broad
free
restrictions
regulate
commerce
foreign
nations
case
held
competent
congress
extend
prohibition
unlicensed
introduction
sale
spirituous
liquors
indian
country
territory
proximity
occupied
indians
thus
restricting
commerce
entertain
doubt
competent
congress
statute
power
regulate
foreign
commerce
establish
standards
provide
right
exist
import
teas
foreign
countries
unless
teas
equal
standards
result
complete
power
congress
foreign
commerce
necessarily
follows
individual
vested
right
trade
foreign
nations
broad
character
limit
restrict
power
congress
determine
articles
merchandise
may
imported
country
terms
upon
right
import
may
exercised
true
results
statute
restrains
introduction
particular
goods
considerations
public
policy
violate
due
process
clause
constitution
act
march
exercise
congress
purely
arbitrary
power
evident
terms
law
consideration
circumstances
led
enactment
history
act
proper
construction
also
reasons
deciding
regulations
secretary
treasury
establishing
standard
question
warranted
statute
succintly
stated
opinion
appeals
second
circuit
buttfield
bidwell
fed
adopt
statement
said
basic
question
case
true
construction
act
congress
march
entitled
act
prevent
importation
impure
unwholesome
tea
section
makes
unlawful
import
bring
merchandise
tea
inferior
purity
quality
fitness
consumption
standards
provided
act
importation
merchandise
hereby
prohibited
section
provides
appointment
secretary
treasury
immediately
passage
act
february
subsequent
year
board
tea
experts
shall
prepare
submit
standard
samples
tea
section
provides
secretary
treasury
upon
recommendation
said
board
fix
establish
uniform
standards
purity
quality
fitness
consumption
kinds
teas
imported
samples
standards
deposited
various
supplied
importers
dealers
cost
declares
teas
merchandise
described
tea
inferior
purity
quality
fitness
consumption
standards
shall
deemed
within
prohibition
first
section
hereof
sections
provide
examination
importations
tea
examination
board
general
appraisers
case
protest
importer
collector
finding
primary
examiner
testing
purity
quality
fitness
consumption
cases
examination
cording
usages
customs
tea
trade
including
test
infusion
boiling
water
necessary
chemical
analysis
history
enactment
shows
word
industriously
inserted
make
act
stringent
substitute
existing
legislation
act
march
stat
chap
force
merchandise
imported
sale
tea
adulterated
spurious
exhausted
leaves
containing
admixture
deleterious
substances
make
use
prohibited
exhausted
leaves
defined
include
tea
deprived
proper
quality
strength
virtue
steeping
infusion
decoction
means
thus
importation
tea
containing
admixture
leaves
deprived
proper
quality
virtue
method
treatment
prohibited
act
however
contained
provision
establishment
government
standards
establishment
uniform
standards
interest
importer
consumer
become
recognized
necessity
report
senate
committee
commerce
provision
suggested
designed
among
things
protect
consumer
rubbish
insure
article
fit
use
report
pointed
average
grade
tea
ever
known
used
consumers
proposed
remedy
establishment
standards
grades
tea
fit
use
originally
introduced
house
bill
prohibited
importation
merchandise
tea
inferior
purity
fitness
consumption
standards
provided
act
amended
senate
inserting
word
words
consumption
wherever
occurred
house
bill
amendment
evinces
intention
senate
authorize
adoption
uniform
standards
secretary
treasury
adequate
exclude
lowest
grades
tea
whether
demonstrably
inferior
purity
unfit
consumption
presumably
possibly
inferior
quality
house
concurred
amendment
measure
enacted
present
terms
conclude
regulations
secretary
treasury
warranted
provisions
act
claim
statute
commits
arbitrary
discretion
secretary
treasury
determination
teas
may
imported
therefore
effect
vests
official
legislative
power
without
merit
opinion
statute
properly
construed
said
circuit
appeals
expresses
purpose
exclude
lowest
grades
tea
whether
demonstrably
inferior
purity
unfit
consumption
presumably
inferior
quality
effect
fixing
primary
standard
devolved
upon
secretary
treasury
mere
executive
duty
effectuate
legislative
policy
declared
statute
case
within
principle
marshall
field
clark
ed
sup
decided
section
tariff
act
october
stat
chap
repugnant
constitution
conferring
legislative
making
power
president
authorized
suspend
provisions
act
relating
free
introduction
sugar
molasses
coffee
tea
hides
may
say
legislation
case
said
legislation
considered
marshall
field
clark
real
sense
invest
administrative
officials
power
legislation
congress
legislated
subject
far
reasonably
practicable
necessities
case
compelled
leave
executive
officials
duty
bringing
result
pointed
statute
deny
power
congress
delegate
duty
effect
amount
declaring
plenary
power
vested
congress
regulate
foreign
commerce
efficaciously
exerted
whether
secretary
treasury
failed
carry
effect
expressed
purpose
congress
established
standards
operated
exclude
teas
entitled
admission
proper
standards
adopted
question
called
upon
consider
sufficiency
standards
adopted
secretary
treasury
committed
judgment
honestly
exercised
important
assertion
bad
faith
malice
part
officer
fixing
standards
part
defendant
performance
duties
resting
urged
denial
due
process
law
failing
accord
plaintiff
error
hearing
board
tea
inspectors
secretary
treasury
establishing
standard
question
general
appraisers
upon
tea
waiving
point
plaintiff
error
appear
asked
hearing
assuming
statute
confer
right
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objectionable
reason
provisions
respect
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standards
examination
samples
government
experts
purpose
determining
whether
conditions
existed
conferred
right
import
therefore
sense
concerned
taking
property
latter
question
intended
congress
finally
settled
judicial
proceeding
action
agents
government
upon
power
subject
conferred
remains
consider
contention
provision
statute
commanding
destruction
teas
exported
within
six
months
final
rejection
unconstitutional
importer
charged
notice
provisions
law
conditions
upon
teas
might
brought
abroad
view
introduction
consumption
failing
establish
right
import
inferior
quality
merchandise
compared
standard
duty
imposed
upon
importer
perform
certain
requirements
take
goods
custody
authorities
within
period
time
fixed
statute
ample
duration
notified
happening
various
contingencies
requiring
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action
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duty
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action
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upon
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collector
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time
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goods
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knowledge
various
steps
taken
respect
tea
including
final
rejection
board
general
appraisers
conceded
think
provision
statute
complained
wanting
due
process
law
affirmed
justice
brewer
justice
brown
heard
argument
took
part
decision
case
footnotes
act
prevent
importation
impure
unwholesome
tea
enacted
senate
house
representatives
america
congress
assembled
may
first
eighteen
hundred
shall
unlawful
person
persons
corporation
import
bring
merchandise
tea
inferior
purity
quality
fitness
consumption
standards
provided
section
three
act
importation
merchandise
hereby
prohibited
sec
immediately
passage
act
february
fifteenth
year
thereafter
secretary
treasury
shall
appoint
board
consist
seven
members
shall
expert
teas
shall
prepare
submit
standard
samples
tea
persons
appointed
shall
times
subject
removal
said
secretary
shall
serve
term
one
year
vacancies
said
board
occurring
removal
death
resignation
cause
shall
forthwith
filled
secretary
treasury
appointment
appointee
hold
unexpired
term
said
board
shall
appoint
presiding
officer
shall
medium
communications
board
member
said
board
shall
receive
compensation
sum
fifty
dollars
per
annum
together
necessary
expenses
engaged
upon
duty
herein
provided
shall
paid
appropriation
collecting
revenue
customs
sec
secretary
treasury
upon
recommendation
said
board
shall
fix
establish
uniform
standards
purity
quality
fitness
consumption
kinds
teas
imported
shall
procure
deposit
customhouses
ports
new
york
chicago
san
francisco
ports
may
determine
duplicate
samples
standards
said
secretary
shall
procure
sufficient
number
duplicate
samples
standards
supply
importers
dealers
tea
ports
desiring
cost
teas
merchandise
described
tea
inferior
purity
quality
fitness
consumption
standards
shall
deemed
within
prohibition
first
section
hereof
sec
making
entry
teas
merchandise
described
tea
imported
importer
consignee
shall
give
bond
collector
port
merchandise
shall
removed
warehouse
released
collector
shall
duly
examined
reference
purity
quality
fitness
consumption
purpose
examination
samples
line
every
invoice
tea
shall
submitted
importer
consignee
examiner
together
sworn
statement
importer
consignee
samples
represent
true
quality
every
part
invoice
accord
specifications
therein
contained
discretion
secretary
treasury
samples
shall
obtained
examiner
compared
standards
established
act
cases
said
tea
merchandise
described
tea
entered
ports
qualified
examiner
provided
section
seven
consignee
importer
shall
manner
aforesaid
furnish
oath
sample
line
tea
collector
revenue
officer
committed
collection
duties
said
officer
shall
draw
cause
drawn
samples
line
every
invoice
shall
forward
duly
qualified
examiner
provided
section
seven
provided
however
bond
required
shall
also
conditioned
payment
charges
may
attach
merchandise
prior
released
destroyed
case
may
provisions
act
sec
examination
provided
section
four
tea
found
examiner
equal
purity
quality
fitness
consumption
standards
hereinbefore
provided
examination
shall
demanded
collector
provided
section
six
permit
shall
granted
importer
consignee
declaring
tea
free
control
custom
authorities
examination
tea
merchandise
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found
opinion
examiner
inferior
purity
quality
fitness
consumption
said
standards
importer
consignee
shall
immediately
notified
tea
merchandise
described
tea
shall
released
unless
called
importer
consignee
finding
examiner
shall
found
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portion
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examiner
permit
shall
granted
portion
remainder
held
examination
provided
section
six
sec
case
collector
importer
consignee
shall
protest
finding
examiner
matter
dispute
shall
referred
decision
board
three
general
appraisers
designated
secretary
treasury
board
shall
due
examination
find
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question
equal
purity
quality
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consumption
proper
standards
permit
shall
issued
collector
release
delivery
importer
upon
final
board
tea
shall
found
inferior
purity
quality
fitness
consumption
said
standards
importer
consignee
shall
give
bond
security
satisfactory
collector
export
said
tea
merchandise
described
tea
limits
within
period
six
months
final
shall
exported
within
time
specified
collector
expiration
time
shall
cause
destroyed
formosa
oolong
foochon
oolong
north
china
congon
south
china
congon
india
tea
used
ceylon
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green
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country
green
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examination
herein
provided
shall
made
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qualified
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port
standard
samples
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merchandise
entered
ports
qualified
examiner
examination
shall
made
one
said
ports
nearest
port
entry
purpose
samples
merchandise
obtained
manner
prescribed
section
four
act
shall
forwarded
proper
port
collector
chief
officer
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cases
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teas
merchandise
described
tea
examiners
boards
general
appraisers
provisions
act
purity
quality
fitness
consumption
shall
tested
according
usages
customs
tea
trade
including
testing
infusion
boiling
water
necessary
chemical
analysis
sec
cases
teas
merchandise
described
teas
board
general
appraisers
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samples
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dispute
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board
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shall
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importer
consignee
desires
transmitted
board
together
copy
finding
examiner
setting
forth
cause
condemnation
claim
ground
protest
importer
relating
samples
papers
therewith
distinguished
mark
may
identified
decision
board
shall
writing
signed
transmitted
together
record
samples
within
three
days
rendition
thereof
collector
shall
forthwith
furnish
examiner
importer
consignee
copy
said
decision
finding
board
general
appraisers
herein
provided
shall
authorized
obtain
advice
necessary
persons
skilled
examination
teas
shall
receive
services
particular
case
compensation
exceeding
five
dollars
sec
imported
teas
rejected
customs
examiner
board
general
appraisers
exported
provisions
act
shall
reimported
penalty
forfeiture
violation
prohibition
sec
secretary
treasury
shall
power
enforce
provisions
act
appropriate
regulations
sec
teas
actually
shipboard
shipment
time
passage
act
shall
subject
prohibition
hereof
provisions
act
entitled
act
prevent
tation
adulterated
spurious
teas
approved
march
second
eighteen
hundred
shall
applicable
thereto
sec
act
entitled
act
prevent
importation
adulterated
spurious
teas
approved
march
second
eighteen
hundred
hereby
repealed
repeal
take
effect
date
act
goes
effect
approved
march
exhibit
schedule
country
green
teas
arranged
order
quality
comp